Legal Question in Family Law in Florida
I have a son who I was forced to give up custody of. His father and I went to court and the judge gave us joint custody but when I went to get my son he refused to return him to me. He then went to a lawyer and had a parenting plan written up giving him (the father) custody of our son. He said he had proof that I neglected our son and forced me to sign the parenting plan.
I have since had a daughter and do not want this to happen again, plus I want back joint custody of my son. I refuse to give up my daughter, and I have proof that I never neglected my son. What do I do?
2 Answers from Attorneys
File a Petition for Modification. Is this daughter with the same father? If not and you want to establish timesharing between yourself and her father, you are always free to file a Petition to Establish Paternity, Timesharing, and Parental Responsibility.
File a Petition modifiying the parenting plan/visitation. The parenting plans are a guide, they are not intended to be one sided and used against the other parent. Whatever proof the bio father has, tell him to produce it at the hearing. I would suspect this is just a bluff. If you are unable to afford an attorney and feel at at anytime during the hearing you need an attorney to represent you - you may say so at the hearing. The judge will extend a hearing date to allow you to find an attorney.
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